Zoller v. McDonald

This is an action of unlawful detainer, tried in a Justice’s Court, where the plaintiffs recovered judgment, from which the defendant appealed to the County Court, where, on motion of the plaintiffs, the appeal was dismissed, and the defendant appeals to this Court.

The plaintiffs move to dismiss the appeal to this Court on the ground that we have no jurisdiction; that the undertaking is insufficient, and that it is an appeal from an order and not a judgment. The order of the County Court dismissing the appeal is the final decision and determination of that Court upon the case before it, which…